14 Alabama opinions name it 1 courts 1988–2011 0 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Asahi Metal Industry Co. v. Superior Court of Cal., Solano Cty.green2 sentences2009In most circumstances I would be inclined to conclude that a regular course of dealing that results in deliveries of over 100,000 units annually over a period of several years would constitute “purposeful availment” even though the item delivered to the forum State was a standard product marketed throughout the world.’ “480 U. S. at 122, 107 S.Ct. 1026 (Stevens, J., concurring in part and concurring in the judgment) (emphasis added).” 985 So.2d at 909-10 . 2009In most circumstances I would be inclined to conclude that a regular course of dealing that results in deliveries of over 100,000 units annually over a period of several years would constitute “purposeful availment” even though the item delivered to the forum State was a standard product marketed throughout the world.’ “480 U. S. at 122, 107 S.Ct. 1026 (Stevens, J., concurring in part and concurring in the judgment) (emphasis added).” 985 So.2d at 909-10 . | 2 | 6 |
The Bremen v. Zapata Off-Shore Co.red2 sentences1999We agree with the United States Supreme Court, which has held that "where it can be said with reasonable assurance that at the time they entered the contract, the parties . . . contemplated the claimed inconvenience, it is difficult to see why any such claim of inconvenience should be heard to render the forum clause unenforceable." M/S Bremen v. Zapata Off-Shore Co. , 407 U.S. 1 , 16 (1972), as quoted in Professional Ins. 1997The threshold question is whether that court should have exercised its jurisdiction to do more than give effect to the legitimate expectations of the parties, manifested in their freely negotiated agreement, by specifically enforcing the forum clause." Id. | 1 | 2 |
Carnival Cruise Lines, Inc. v. Shutegreen2 sentences2011Id. at 587-88 , 111 S.Ct. at 1524-25 . 2011Finally, it stands to reason that passengers who purchase tickets containing a forum clause ... benefit in the form of reduced fares reflecting the savings that the cruise line enjoys by limiting the fora in which it may be sued.’ “Id. at 593-94, 111 S.Ct. at 1527 (internal citations omitted).” 178 F.R.D. at 586 (emphasis added). | 1 | 1 |
Harden v. American Airlinesgreen1 sentence2011Finally, it stands to reason that passengers who purchase tickets containing a forum clause ... benefit in the form of reduced fares reflecting the savings that the cruise line enjoys by limiting the fora in which it may be sued.’ “Id. at 593-94, 111 S.Ct. at 1527 (internal citations omitted).” 178 F.R.D. at 586 (emphasis added). | 1 | 1 |
Ex Parte Masonite Corporationgreen1 sentence2009“A party moving for a transfer under § 6-3-21.1 has the initial burden of showing, among other things, that the transfer is justified based either on the convenience of the parties and witnesses or in the ‘interest of justice.’ Ex parte Masonite Corp., 789 So.2d 830, 831 (Ala.2001); Ex parte National Sec. | 1 | 1 |
Professional Ins. Corp. v. Sutherlandgreen1 sentence1999Corp. , 700 So.2d at 353 (Maddox, J., concurring in the result). | 1 | 1 |
Wheeler v. First Ala. Bk. of Birminghamgreen1 sentence1988See Century 21 Preferred Properties, Inc. v. Alabama Real Estate Commission, 401 So.2d 764, 768 (Ala.1981); Wheeler v. First Alabama Bank of Birmingham, 364 So.2d 1190, 1199 (Ala.1978); Lesley v. City of Montgomery, 485 So.2d 1088, 1090 (Ala.1986); Lott v. Toomey, 477 So.2d 316, 319 (Ala.1985). | 1 | 1 |
Lott v. Toomeygreen1 sentence1988See Century 21 Preferred Properties, Inc. v. Alabama Real Estate Commission, 401 So.2d 764, 768 (Ala.1981); Wheeler v. First Alabama Bank of Birmingham, 364 So.2d 1190, 1199 (Ala.1978); Lesley v. City of Montgomery, 485 So.2d 1088, 1090 (Ala.1986); Lott v. Toomey, 477 So.2d 316, 319 (Ala.1985). | 1 | 1 |
Lesley v. City of Montgomerygreen1 sentence1988See Century 21 Preferred Properties, Inc. v. Alabama Real Estate Commission, 401 So.2d 764, 768 (Ala.1981); Wheeler v. First Alabama Bank of Birmingham, 364 So.2d 1190, 1199 (Ala.1978); Lesley v. City of Montgomery, 485 So.2d 1088, 1090 (Ala.1986); Lott v. Toomey, 477 So.2d 316, 319 (Ala.1985). | 1 | 1 |
Century 21, Etc. v. Ala. Real Estate Com'ngreen1 sentence1988See Century 21 Preferred Properties, Inc. v. Alabama Real Estate Commission, 401 So.2d 764, 768 (Ala.1981); Wheeler v. First Alabama Bank of Birmingham, 364 So.2d 1190, 1199 (Ala.1978); Lesley v. City of Montgomery, 485 So.2d 1088, 1090 (Ala.1986); Lott v. Toomey, 477 So.2d 316, 319 (Ala.1985). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ex Parte Duck Boo Intern. Co., Ltd.
green
2 sentences2009In most circumstances I would be inclined to conclude that a regular course of dealing that results in deliveries of over *Page 645 100,000 units annually over a period of several years would constitute "purposeful availment" even though the item delivered to the forum State was a standard product marketed throughout the world.' " 480 U.S. at 122 , 107 S.Ct. 1026 (Stevens, J., concurring in part and concurring in the judgment) (emphasis added)." 985 So.2d at 909 -10 . 2009In most circumstances I would be inclined to conclude that a regular course of dealing that results in deliveries of over 100,000 units annually over a period of several years would constitute “purposeful availment” even though the item delivered to the forum State was a standard product marketed throughout the world.’ “480 U. S. at 122, 107 S.Ct. 1026 (Stevens, J., concurring in part and concurring in the judgment) (emphasis added).” 985 So.2d at 909-10 . | 2 | 2009–2009 |
EX PARTE McKENZIE OIL CO., INC.
green
1 sentence2009Analysis Navistar, among other arguments, contends that the trial court exceeded the scope of its discretion in denying Navistar’s motion to transfer, which was based on the “interest of justice” prong of the doctrine of forum, non conve-niens, because, it says, Colbert County has a connection to this action and Barbour County has little or no connection other than that an unrelated purchaser of Navis-tar trucks of the same model is located in Barbour County. 1 In Ex parte McKenzie Oil Co., 13 So.3d 346 , 348 (Ala.2008), this Court set forth the applicable law, stating: “Alabama Code 1975, § 6 | 1 | 2009–2009 |
Airco Alloys Division, Airco, Inc. v. Niagara Mohawk Power Corp.
green
2 sentences2001The plaintiffs correctly note that Airco Alloys Division, Airco, Inc. v. Niagara Mohawk Power Corp., 411 N.Y.S.2d 460 , 65 A.D.2d 378 (1978), stands for the proposition that simply because there is a related and perhaps relevant scheme of federal regulation, 16 U.S.C. § 825p does not preclude a traditional common-law claim. 411 N.Y.S.2d at 463 , 65 A.D.2d at 382-83 . 2001The plaintiffs correctly note that Airco Alloys Division, Airco, Inc. v. Niagara Mohawk Power Corp., 411 N.Y.S.2d 460 , 65 A.D.2d 378 (1978), stands for the proposition that simply because there is a related and perhaps relevant scheme of federal regulation, 16 U.S.C. § 825p does not preclude a traditional common-law claim. 411 N.Y.S.2d at 463 , 65 A.D.2d at 382-83 . | 1 | 2001–2001 |
Weatherly v. Medical & Surgical Society
neutral
1 sentence2001This Court has held that "[j]udicial review of an organization's actions is available to a member of the organization who challenges such action[s] on the grounds that [they do] not conform to the organization's constitution or [bylaws]." Mitchell v. Concerned Citizens of the CVEC, Inc. , 486 So.2d 1283 , 1287 (Ala. 1986) (citing Weatherly v. Medical Surgical Soc'y , 76 Ala. 567 (1884)). | 1 | 2001–2001 |
Mitchell v. Concerned Citizens of CVEC, Inc.
green
1 sentence2001This Court has held that "[j]udicial review of an organization's actions is available to a member of the organization who challenges such action[s] on the grounds that [they do] not conform to the organization's constitution or [bylaws]." Mitchell v. Concerned Citizens of the CVEC, Inc. , 486 So.2d 1283 , 1287 (Ala. 1986) (citing Weatherly v. Medical Surgical Soc'y , 76 Ala. 567 (1884)). | 1 | 2001–2001 |
Green v. Manning
neutral
1 sentence1991As our Court said in Green v. Manning [ 529 So.2d at 974 ]. " '[R]es judicata bars the relitigation of a claim in a different forum when the claim involves the same parties and arises from the same facts as the previous suit. [Citations omitted.] In addition, res judicata bars [a second suit] on any part of a claim that could have been litigated in [a previous suit], even though it was not actually litigated. | 1 | 1991–1991 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.